Ford Tailgate Crack Class Action Lawsuit Moves Forward

A joint case management statement was filed at the end of October containing an update for Judge Richard Seeborg on the Ford tailgate class action lawsuit that has been moving forward over the past year.

In addition to including a summary of the plaintiff’s and defendant’s respective positions, the management statement included information on the evidence as well as a concrete list of class certification deadlines for the Ford cracked tailgate class action lawsuit.

The plaintiffs purchased certain Ford vehicles such as Ford Explorers, Mercury Mountaineers, and Lincoln Aviators, which allegedly had defective tailgates. Over time, a tailgate crack appeared which allegedly led to safety issues such as a shattered rear window or the appliqué becoming detached while the vehicle is in motion.

The plaintiffs accuse Ford of knowing about the tailgate crack defect and failing to take action to fix the problem in later models and refusing to repair or replace the tailgate within the warranty period.

The Ford tailgate class action lawsuit alleges that Ford knew about the tailgate crack problem as early as 2002, when the Ford vehicles in question were being manufactured and sold to thousands of people.

Ford claimed that the appliqué is a plastic piece that has nothing to do with the structure of the vehicle. It stated the damaged appliqués were fixed at no cost to the customer if it was during the warranty period.

Ford claimed in the tailgate management statement to have “no knowledge of any personal injuries or unreasonable safety hazard … and had no duty to disclose the small risk of a crack occurring to customers.”

The plaintiffs maintained their position that Ford’s failure to warn Ford vehicle users about the potential for the tailgate crack in addition to their refusal, according to the management statement, “to honor its warranties” violates civil and professional codes.

Ford Tailgate Crack Class Members

The plaintiffs asked the involved parties to agree to their Class certification. Class Members are individuals who purchased certain Ford vehicles in California, Florida, and New Jersey that suffered a tailgate crack.

While Ford has several employees as witnesses in addition to several documents, plaintiffs say they have Ford employees on their side in addition to evidence from the vehicles.

Ford has until March 6, 2015 to file its arguments against the proposed Class certification.

Class Certification Deadlines

The following dates were listed in the Ford tailgate crack joint case management statement.

• Oct. 30, 2014: Fact discovery was closed.
• Dec. 12, 2014: Filing of motion for Class certification and expert disclosures in support of Class certification.
• Jan. 23, 2015: Ford’s deadline to depose experts offered in support of Class certification.
• March 6, 2015: Ford’s deadline to file opposition to Class certification
• April 3, 2015: Plaintiff’s deadline to depose Ford’s experts offered in support of Class certification opposition.
• May 24, 2015: Deadline to file reply brief in support of Class certification.
• June 18, 2015: Class certification hearing.

Multiple Ford tailgate crack class action lawsuits are in process. Many have experienced tailgate defects in several Ford vehicles and accuse Ford of concealing and refusing to repair the tailgate cracks.

This Ford Tailgate Crack Class Action Lawsuit is In Re: Ford Tailgate Litigation, Case No. 11-CV-2953, in the U.S. District Court for the Northern District of California, San Francisco Division.

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